(A) Permitted uses. No building shall be erected, enlarged, reconstructed or structurally altered, nor shall any building or land be used in a manner which does not comply with all of the district provisions established by these regulations in which the land or building is located. Uses which are omitted from these regulations, not being specifically permitted, shall be considered prohibited until, by amendment, such uses arc written into these regulations.
(B) Permitted height exceptions.
(1) Except as specifically stated in other parts of these regulations, no building shall be erected, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, water tanks or similar structures may be erected above the height limits herein. No such structure may be erected to exceed by more than 15 feet the height limits of district in which it is located; nor shall such structure have a total area greater than 25% of the roof area of the building; nor shall such structure be used for any purpose other than a use incidental to the main use of the building.
(2) Public or semipublic buildings, when permitted in a district, may be erected to a height not to exceed 45 feet, except that churches and temples may be erected to a height not to exceed 75 feet if the building is setback from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.
(C) Front yard variations in residential districts. In any “R” District where the average depth of at least two existing front yards on lots within 200 feet of the lot in question and within the same block front is less than the least front yard depth prescribed elsewhere in these regulations, the required depth of the front yard on such lot may be modified. In such cases, this shall not be less than the average depth of said existing front yards on the two lots immediately adjoining, or in the case of a corner lot, the depth of the front yard on the lot immediately adjoining, provided, however, that the depth of the front yard on any lot shall not be less than 25 feet.
(D) Corner lot. Corner lots in all districts are required to have the minimum front yard requirements, as indicated in that district, facing both streets.
(E) Zoning certificate. No zoning certificate shall be issued without evidence that the responsible health authority has approved the proposed sanitary sewer disposal facilities for the use for which the zoning certificate has been requested.
(F) Sewerage and water facilities. All structures shall be connected to the village sanitary sewerage system and to the village water system.
(G) Essential services. Essential services as defined by these regulations shall be permitted as authorized under any franchise or that may be regulated by any law of the state; it being the intention hereof to exempt such essential services from the application of these regulations.
(H) Construction. Nothing contained in these regulations shall hinder the construction of a building or prohibit its use where construction has started before the effective date of these regulations, provided foundations have been put in before said effective date of these regulations, and provided further that such building shall be completed within two years from the date of passage of these regulations. (Effective date: July 14, 1974.)
(I) Principal building. No more than one dwelling shall be permitted on any lot unless otherwise specifically stated in these regulations, and every dwelling shall be located on a lot having the required frontage on a public street.
(J) Substandard lots. Any lot of record or a lot for which a land contract has been issued before the effective date of these regulations, and not meeting minimum lot requirements, shall require a review and approval of the Village Zoning Board of Appeals as a variance before a zoning permit may be issued. If the proposed construction on a substandard lot meets all the minimum standard lot/yard requirements of the zoning district in which it is sited, a zoning permit shall be issued without review and approval of the Village Zoning Board of Appeals as otherwise required above.
(K) Lots, yards, and open spaces. No space which, for the purpose of a building, has been counted or calculated as a part of a side yard, a rear yard, front yard, or other open space required by these regulations may, by reason or change on ownership or otherwise, be counted or calculated to satisfy the yard or other open space requirement of or for any other building.
(L) Projections into a yard area. Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, cornices and ornamental features not projecting more than 12 inches. This requirement shall not prevent the construction of fences not exceeding six feet in height, except on that portion of lots within 30 feet of the intersection of two or more streets. Terraces, uncovered porches, platforms and ornamental features which do not extend more three feet above the level of the ground (first) story may project into a required side yard, provided these projections are distant at least two feet from the adjacent lot line. The ordinary projections of chimneys or flues are permitted into the required side, rear and front yards. An unenclosed porch or paved terrace may project into the front yard for a distance not to exceed ten feet.
(M) Visibility at corner lots. No obstruction to view in excess of two feet in height shall be placed on any corner lot within a triangular area formed by the street right-of-way lines and a line correcting them at points 30 feet from the intersection of the street lines, except that street trees are permitted which are pruned at least eight feet above the established grade of the roadway so as to not obstruct clear view by motor vehicle drivers. In the event cutting, trimming or pruning is not performed by the property owner so as to conform to this chapter, the village may order or perform such cutting, trimming or pruning at the expense of the property owner.
(N) Dwelling other than a main structure. No residential structure shall be erected upon a lot with another dwelling, except that a two-story garage with living quarters upon the second floor may be permitted, provided such quarters are occupied by guests or a servant (and his or her family) employed by the family occupying the main structure.
(O) Accessory buildings. An accessory building attached to the principal building, on a lot, shall be made structurally a part thereof, and shall comply in all respects with the requirements of these regulations applicable to the principal building. Accessory buildings which are not part of the principal building shall not be located closer than 15 feet from the principal building, may not be built within eight feet of the rear and side lot lines, and must conform to the front yard building setback line. An accessory building which is not part of the principal building shall not occupy more than 30% of the required rear yard, and shall not be located nearer than 60 feet from the front line or closer to the street than the main building. Accessory buildings in residential districts shall be limited to 15 feet in height, unless a greater height is authorized by the Zoning Board of Appeals.
(P) Temporary buildings. Temporary buildings for use incidental to construction work may be erected in any of the districts herein established, however, such temporary building or buildings shall be removed upon the completion or abandonment of the construction work.
(Q) Inconsistences. In the event any of the requirements or regulatory provisions of these regulations are found to be inconsistent with one another, the more restrictive or greater requirements shall be deemed in each case to be applicable.
(R) Prohibited uses. No use shall be permitted or authorized to be established which, when conducted in compliance with the provisions of these, and any additional conditions and requirements prescribed, is or may become hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, electrical interference, refuse matter or water carried wastes. The use in violation of this section shall constitute a public nuisance.
(S) Compliance with building regulations. All structures shall comply with the standards and requirements of the building regulations adopted and administered by the village.
(T) Swimming pools. A family/private swimming pool, including farm ponds, shall be any pool, lake or open tank, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point of greater than 18 inches and having a surface area of 150 feet or more. No such swimming pool shall be allowed in a “B” or “R” District except as an accessory use and unless it complies with the following conditions and requirements.
(1) The pool is intended and is to be used solely for the enjoyment of the occupant, and guests, of the principal use of the property on which it is located.
(2) It shall not be located in the front yard or side yard and shall be no closer than ten feet to any property line, including any walks or paved areas or accessory structures adjacent thereto, on which it is located.
(3) The swimming pool or the entire property on which it is located shall be walled or fenced so as to prevent uncontrolled access from the street or adjacent properties. The fence or wall shall not be less than four feet in height with a gate and lock, and maintained in good condition.
(4) Removable or retractable steps of above ground pools may be substituted for the fencing required in division (T)(3) above.
(5) The construction, plumbing and electrical requirements, inspection and other safety facilities not described above shall be regulated by county or state codes.
(U) Fences, walls, retaining walls, and hedges.
(1) General.
(a) Fences, walls and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall or hedge along the sides or the front edge of any front yard shall be over two and one-half feet in height.
(b) Fences, walls or hedges may be permitted along the rear or side property lot lines to a height of not more than six feet above grade provided that the fence fabric is of non-solid material, and that any fence, wall or hedge shall be well maintained, shall be harmonious and appropriate in appearance with the existing character of the immediate area in which it is located, and shall not be hazardous or disturbing to existing or future neighboring uses.
(c) Informal plantings may be higher than six feet.
(d) Privacy or protective fences for pools, outdoor living, patios and pet runs may be of any type, using the same height specifications and using the same setback requirements as the main or accessory building, and can be considered as part of the original structure.
(e) Ornamental fence type structures meeting these requirements shall be permitted without a permit as long as they consist of no more than two jointed eight-foot sections placed in accordance with all front, rear and side yard setback and height requirements.
(2) Setback. Fences must be built with a minimum of a two-foot setback from the rear and side yard property lines, except that this requirement may be waived in writing by the adjacent propert owner.
(4) Walls, including retaining walls.
(a) All walls, regardless of height, require a zoning certificate with a setback like a fence.
(b) All walls, regardless of height, require the installation of drainage piping and 12 inches of gravel fill behind the wall.
(c) Any wall of four feet or higher in height requires that an engineer's certificate be submitted attesting that the wall when constructed will be safe. If applicable, retain the area behind the wall.
(d) If, the Village Zoning Inspector determines that a proposed wall requires a design review by third-party engineer, the applicant will be required to pay for said design review prior to a permit being issued.
(e) If, the Village Zoning Inspector determines that a proposed wall requires a design review by third-party engineer, the applicant will be required to pay for said inspection, and make any required revisions and/or repairs if so directed.
(V) Business displays. In all business districts, displays of merchandise for sale shall be confined within a completely enclosed building except as otherwise provided in this chapter.
(W) Restrictions on utilities. No sewer or water line may be extended along or in a roadway of less than 40 feet in width for the purpose of providing service for a structure that has as its only access a roadway of less than 40 feet in width.
(X) Prohibited uses. Mini-warehouse, mini-storage facility, public storage self-contained storage units or storage units in any zoning district
(Ord. 30-1974, § 301.4, passed 7-15-1974; Ord. 30-1978, passed 5-15-1978; Ord. 4-1983, passed 2-7-1983; Ord. 30-1984, passed 10-15-1984; Ord. 6-1985, passed 4-15-1985; Ord. 1-92, passed 1-6-1992; Ord. 46-1993, passed 10-4-1993; Ord. 49-1993, passed 10-4-1993; Ord. 06-1999, passed 3-1-1999; Ord. 21-2000, passed 7-17-2000; Ord. 23-2000, passed 7-17-2000; Ord. 30-2003, passed 7-7-2003; Ord. 01- 2020, passed 1-21-2020)